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Torts Week 8 - HUMAN RELATION TORTS - Coggle Diagram

- - - - C1. In General - Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy liable for damage caused.
        
        C2. Moral Seduction - Contemplates the use of deceit, enticement, superior power or abuse of confidence to seduce another.
        
        C3. Public Humiliation
        
        C4. Malicious Prosecution - Adopts common law doctrines of malicious prosecution.
        
        C5. Oppressive Dismissal - If dismissal was done oppressively or anti-socially, there is a cause of action under Art. 21 AND Art. 1701. As a civil right violation does not come into the contemplation of a labor dispute.
        
        ELEMENTS IN COMMON LAW
        
        A criminal proceeding instituted or continued by the defendant against the plaintiff
        
        Termination of the proceeding in favor of the accused
        
        Absence of probable cause for the proceeding
        
        Malice or a primary purpose other than that of bringing an offender to justice
        
        IN PHILIPPINE LAW - An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein. (Drilon v. CA)
        
        2 more items...
        
        BAKSH v. CA TEST -
        
        Promise to marry, which was proximate cause to sexual intercourse
        
        There was no intent to fulfill the promise on the part of the defendant.
        
        In any case, a finding of mutual consent defeats an allegation of moral seduction.
        
        PURPOSE - Fills in gap between quasi-delicts and delicts. 2176 covers only negligent acts or omissions, RPC only covers intentional and malicious acts.
        
        ELEMENTS
        
        There is a legal act
        
        Such act is contrary to morals, good customs, public order or public policy
        
        It is done with intent to injure
      - D. Violation of Human Dignity (Art. 26) - Every person shall respect the dignity, personality, privacy and peace of mind of persons.
        
        E. Derelection of Duty (Art. 27) - Any person suffering material, or moral loss because a public servant refuses, or neglects without just cause to perform his official duty may file an action for damages and other relief against the latter.
        
        F. Unfair Competition (Art. 28) - Unfair competition in agricultural, commercial, or industrial enterprises or in labor, through force, intimidation, deceit, machination or any other unjust, oppressive, or highanded method shall give rise to a right of action by the person who suffers damage.
        
        CHARACTERISTICS (Willaware v. Jesichris)
        
        It must involve an injury to a competitor or trade rival
        
        It must involve acts which are contrary to good conscience or shocking to judicial sensibilities or otherwise unlawful; or those that include force, intimidation, deceit, machinations or any other unjust, oppressive or high-handed method
        
        ENUMERATION - The following acts give rise to a cause of action
        
        Prying into the privacy of another's residence
        
        Meddling with, or disturbing the private life or family relations of another;
        
        Intriguing to cause another to be alienated from his friends
        
        Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect or other personal condition
    - - Coverage - Pertains to persons protected by a particular statute whose interests are being protected by the law. (Carpio Paper)
        
        Laws - Should apply only to special laws where there is no provided civil liability.
        
        Unlawful - there must be a violation of the law that is unlawflul i.e. may not apply in the case of justifying or exempting circumstances
  - - - Implementation - NCC 19 merely declaratory. Enumerates expected standard of conduct, Art. 21 provides the remedy i.e. an action for damages. (Pantaleon v. American Express)
        
        ELEMENTS (Heirs of Nala v. Cabansag)
        
        A legal right or Duty
        
        Exercised in bad faith
        
        For the sole intent of prejudicing or injuring another
        
        CASIS - Absence of good faith is the essential element, not proof of bad faith.
        
        GOOD FAITH - Manifested by the acts of the individual. an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of the law, together with an absence of all information or belief of fact which would render the transaction unconscientious
        
        BAD FAITH - bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud.
        
        SCHOOLS - Duty bound to inform the students of their academic status, such that belated information might amount to a violation of Art. 19 on the basis of a negligent or abusive exercise of legal rights. (UE v. Jader)
        
        JURIDICAL PERSONS - Art. 19 compels both artificial or natural persons. (Pantaleon v. AMEX)
        
        Casis: No abuse of right, only negligence in the performance of a duty on the part of the school (UE v. Jader).